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Undefined “benefits” the Cause for Unfair Labour Practices
The exercise of employers' conduct in relation to the provision of employment benefits has left many employees vulnerable to unfair labour practices.[1] In this article, I will analyse the challenges to the interpretation of what constitutes the term "benefit"....
Financial Inclusion: An Ideal Global Financial System
Financial inclusion is a significant part of economic growth, social development and poverty alleviation which most countries still battle with. It is almost impossible to discuss financial inclusion and not mention financial exclusion, which is the reason behind the...
Electronic Transactions – Are you Protected?
Many businesspersons are uncertain when it comes to transactions that occur on the internet or electronically. This is as a result of the increasingly complex manner in which the transactions are regulated, such as ‘offer and acceptance’, ‘automated contracts’, ‘the...
Universal Partnership Agreement
To some, the idea of entering a marriage is an exciting time of their lives and one of the most important decisions in life. And while most people dream of a seamless marriage, there are other couples who choose to enter into an express or tacit agreement to live...
Continuous tenure Insecurity for People in rural South Africa
Land ownership in indigenous African communities The Xolobeni case recently in the news highlights tenure insecurity in rural South Africa, where government and a local chief granted mining rights against the community’s wishes. Indigenous persons recognise that land...
A quick guide to Restraint of Trade Agreements
Section 22 of the Constitution gives every citizen the right to choose their trade, occupation, or profession freely. The practise of a trade, occupation, or profession may also be regulated by law. This right is not absolute and can be restricted by means of a...
Unequal Playing Field in Credit and Consumer Market in South Africa
Unfair discrimination against low income consumers has become an increasing problem in South Africa. The problem at home is rooted in pre-democratic South Africa The Apartheid regime was not only responsible for the reinforcement of racial division and discrimination...
Child Maintenance – The Duty exists, but what if there is No Income?
The South African Maintenance Courts tend to be flooded with applications for maintenance orders against parents who deliberately avoid paying maintenance for their minor children. However, have you ever wondered what happens when a parent of a minor child genuinely...
Lack of Access to the law for the Elderly
South Africa is a country ridden with social ills, where the vulnerable often need specific protection. An example of such vulnerable groups are children, and our law has specifically made provisions to protect them with the Children’s Act. Society often disregards...
Converging blockchain and artificial intelligence : Potential to help inefficiencies in businesses?
Blockchain and artificial intelligence (hereinafter referred to as “AI”) have been touted as game-changers in both the private and public sectors, and are at the forefront of innovation across almost every industry. This is due to the extensive use and countless...
Creditors have better Memories than Debtors: What happens at the sequestration of a Debtor’s estate?
The highlight of the sequestration process is to make provision for a “collective debt” collecting process that will ensure a fair distribution of the debtor’s assets in circumstances where these assets are insufficient to satisfy all the creditors’ claims. This is to...
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